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[House  of  Representatives.] 

e 

HOUSE  OF  REPRESENTATIVES,  October  '/,  1862,  ordered  to 
be  printed. 

[By  Mr.  Lyons.] 


To  Mr.  Russell's  bill  to  suspend  the  writ  ot^  habeas  corpus. 


A     BILL 
AuthorizHig  and  defining  Martial  Law,  and.  providiiig  for  the 
suspension  of  tlie  writ  of  habeas  corpus  in  certain  cases. 

1  Section  1 .   The   Cmifrress  of  the  Confederate  States  of 

2  America  do  enact,   That  "whenever  the  arniy  of  the  Con- 

3  federate  Sta,tes  or  any  portion  thereof,  being  not  less  than 

4  three  thousand  men,  shall   be  encamped  in    any  city  or 

5  town  within  the  Confederate  States,  or  within  ten  milea 
t)  of  it,  the  President  shall  have  authority  to  proclaim  and 
7  establish  martial  law,  as  hereinafter  defined,  in  the  said 
S  city  and  camp,  and  the  country  surrounding  the  same, 
9     for  a  distance  in  all  directions  of  ten  miles  frOm  the  said 


10  camp,  if,  in  ]ii>  opinion,  it  1)0  necessary  to  the  discipline 

11  or  safety  of  the  said   army,  or  part  thereof,  or  to   the 

12  safety  of  tlie  said  cit}'-  or  town,  or   tlic   preservation  of 

13  peace  and  good  order  therein,  oi-  to  prevent  or  suppress 

1 4  traitorous  or  dislo3'al  acts  or  purposes.     And  whenever 
]•">  the  army,  or  such  part  thereof  as  aforesaid,  shall  1)0  on- 
IG  camped  in  any  couniy  in  any  State  not  within  ten  iniles. 
17  of  any  city  or  town,  the  President  may,  in  like  manner, 

15  proclaim  martial  law  within  said  camp  and  tlie  surround- 
19  ing  country  for  ten  miles. 

1  Seg.  2.  If  the  encampment  of  the  army  or  such  portion 

2  of  it  as  aforesaid,  be  so  ftir  distant  from  the  seat  of  Gov- 

3  ernment,  or  the  emergency  be  so  great  that  the  President 

4  cannot  be  communicated  witli^  and  his  reply  received  in 

5  thne  to  meet  the  exigency  of  the  case,  in  the  opinion  of 

6  the  commanding  officer,  then  said  commanding  officer 

7  may  establish  martial  law  in  said  encampment  and  sur- 

8  rounding  country  for  ten  miles  as  aforesaid,  to   continue 

9  for  the  space  of  ten  days,  of  which  he  shall  immediately 

10  apprise  the  President,  and  at  the  expiration  of  ten  days 

11  the  said  law  shall  expire  or  be  continued  in  force  as  the 

12  President  shall  determine. 


3  >:i/r^r>a 

■  1         Sec,  3.  If  any  portion  of  the  territory  of  the  Confede-"^  "' 

2  rate  States,  or  either  of  them,  shall  be  invaded,  or  be  in 

3  danger  of  being  invaded  by  the  enemy,. the    President 

4  ma}^  if  in  his  ojnnion  the  public  interest  require  it,  pro- 

0  claim  and  establish   martial  law  in  the  place'  or  district 

6  actual]y  invaded  or  in  danger  of  invasion,  and  the  coun- 

7  try   suri'oundin.g    tJio    same,  for   tvronly  miles   i;i    every 

8  direction. 

1  Sec.  4.  Mrrtial  law  shall  not  be  established   at  one 
'1  (imc  iov  a  period  of  more  than   ninety  days,  but  the 

3  President  may,  if  in  his  opinion  it  be  necessary  to  do  so 

4  for   the   aiuses    befo)*e  mentioned,   b}-  his   proclamation, 

0  setting  Ibi'th  such  necessity,  continue  it  from  time  to  time. 

6  for    not   more    than    ninety  days  each  time,  until   such 

7  necessity  shall  cease  to  exist. 

1  Sec.  5.    When  martial  law  has  been   proclaimed   and 

2  established,  the  writ  of  habeas  corpus  shall  be  suspended 

3  within  the  district  over  which  the  martial  law  prevails, 

4  if,  in  the  opinion  of  the  President  it  shall  be  necessary 
()  to  suspend  it,  and  all  trials  by  Jury  in  civil  cases,  shall 

6  be   also   suspended,    except   in  cases  concerning  rents, 

7  actions  of  detinue,  and  writs  of  unlfiwful  entry  and  de- 


^  tainei',  and  no  judgment  or  decree   for  (he   payment  of 

9  money  sliall  be  rendered  against  any  oiricei'  or  t^oldier  in 

10  actual   service  in   tlie   army  of  tlio    Confederate   State.'^ 

11  r.xcept   in   tlie  casu.-^   brfore  mcrition-'d,  vrhilc  he  con  tin - 

12  no.-  in  tlic  army. 

1  Sec.  (>.  The    President   .««hall   cause   to  he   prejiared  a 

2  proper  s^'stem  of  reguhitious  definini^  all  olVoucos  against 

3  martial  law.  and  prescribing  the  punislunctit  thereof,  and 

4  "establi.shing    courts    martial    for    the    tfial   of    ollendera 

5  against  the  same,   which   courts  may   consi.Ht  of  one  or 
G  three   persons,  wlio  may  lie  officers  of  the  army,  or  citi 

7  zen>;  not  in  the  ai-my.  or  both,  as  the  President  may  de- 

8  termine,' whose  compensation  shall  be  fixed  by  the  Prcs- 
0  ident,   not  exceeding  ten  dollars  per  day  for  every  day 

10  the  court  may  be  emplojcd,  and  be  paid  out  of  the  Trea- 

11  sury  upon  the  order  of  the   Secretary  of  Wai".      Which 

12  regulation  shall  lie  ])ublishc'd  with  the  proi^laiu.atioii  es- 
ih)  tablishir.g  nnu-tial  law,  or  as  soon  after  as  practicable, 
14  and  filed  also  in  the  Departments  of  War  and  Justice  : 
1 0  Provided.  That  the  said  courts  shall  not  have  the  power 

16  to  confiscate  the  property  of  an}^  citizen,  whether  soldier 

17  or  sailor,  or  not,  for  any  otTen'ce  except  by  reasonable 


0 

18  fine,  or  pronounce  or  inflict  the  sentence  of  death  upon 

19  any  man  except  for  a  strictl}-  miUtary  offence  committecl 

20  by  an   officer  ov  soldier,   or  sailor,   now  punishable  by 

21  death. 

1  Sec.  T.  The  members  of  the  Senate  and  House  of  Kep- 

2  re.«;entatives  of  the  Confederate  States,  and  their  officers 
,')  and  the  Heads  of  Departments,   Judges  of  the  Confede- 

4  rate  Courts,  and  Judges  of  the  State  Courts,  shall  not  be 

5  subject  to  inarlial  law. 

1  Sfx'.  8.   Wht,'ncv<jr  the  President  shall  have  good  cause 

2  to  believe  tiiat  any  citizen,  not  an  officer,  soldier  or  sailor 
o  in  the  army  or  navy,  is  engaged  in  or  pre])aring  to  com- 
4  mit  any  treasonable  act,  or  is  endeavoring  by  anymeans 
0  to  hinder  or  embarrass  the  Confederate  Grovernment,  or 
G  any  of  its  generals,  in  the  conduct  of  the  war,  or  is  or  has 

7  been   dealing  in  any  manner  with   the  enemy,  or  endea- 

8  voring  by  an)-  means  to  l)ring  about  a  restoration  of  the 
■)  Union   formerly  existing  with  the  (xovernmeiit  of  which 

10  Abraham  Lincoln  is  now   President,  he  may  cause  him 

1 1  or  her  to  be  arrested  and  conhned  without  bail  or  main- 

12  prize   until   h^   can  be  examined  by  one  of  the  courts 

13  hereinbefore  mentioned  and   created,  upon  the  charges 


6 

11  \vhich   may  be  made  against  him  or  lier,  anJ  as  to  such 

]o  person  the  writ  of  habeas  corpus  shall  bo  suspended.    As 

16  soon  as  conveniently  ma}^  be  after  the  arrest,  sitch  jier- 

1  7  son  shall  be  brought  before  one  of  the   tribunals  afore- 

].S  said,  In- wlioni   the   charges  against  him  or  hor  shall  be 

19  examined  in  private   or  publicly  as  he  may  deem  best, 

20  securing  to  the   prisoner  the  benefit  of   all    testimony 
"21  which  he  oi-  she   may  call   for,  and  allowing   him  or  her 

22  the  benefit  of  couns(d,  all  the  facts  found  upon  which  ex- 

23  amination,  with  the  opinion  of  the  ti'ibuual   upon  thsui, 

24  shall  be  certified  to,  the  Department  of  Justice.     If  the 

25  charaes  be  of  actual   treason,  and  well  founded  in  the 

26  opinion  of  the  court,  the   prisoner  shall  be  turned  over 

27  to  the  civil  authorities  to  be  dealt  with  according  to  law. 

28  If  the   charge  be  of  disloyalty,  and  a  design  to   commit 

29  treason,  or  to  do  any  act  with  a  view  to  restore  the  Union 

30  witli   the  Government  of  which  Abraham  Lincoln  is  the 

31  President,  or  that  the   prisoner  has  been  dealing  in  any 

32  manner  with  the  enemy  to  the  prejudice  of  the  Confede- 

33  Y'j^  States,  the  prisoner  shall  be  examined  in  manner 

34  aforesaid,  and  the  testimony,  together  with  the  opinion 

35  of  the  court  upon  it,  shall  be  certified  to  the  Department 


oC  of  Justice.     If,  in  the  opinion  of  the   court,  the  charge 

ST  against  the   accused  was  unfounded,  he,  or  she,  shall  be 

38  dis<>harged.     If,  in  the  opinion  of  the  court,  the  charge 

39  was  well  founded,  and  the  public  interest   demands  the 

40  detention  of  the  accused,  he,  or  she,  shall  be  detained  in 

41  close  custody  until  peace  is  proclaimed,  unless  sooner 

42  discharged  by  the  President ;  and  as  to  sucli  prisoner 

43  the  writ  of  habeas  corpus  shall  be  suspended. 

■  1  Sec.  0,  When  martial  law  shall  be  proclaimed  in  any 

2  city  or  corporate   town,  the  military  autliority  shall  not- 

3  interfere  with  the  municipal  government  of  the  city  or 

4  town, except  as  hereinbefore  directed,  unless  requested  by 

5  the  municipal  autliorilies   to  do  so,  but  shall  furnish  all 

6  necessary  military  aid  to  the  said  authorities  when  re- 

7  quested  by  them  to  do  so,  for  the  purpose  of  enforcing 

8  pohce  laws  and  regulations   and   preserving   peace    and 

9  good  order. 

1  Sec.  10.  Under  martial  law  the  miUtary  authority  shall 

2  have  no  right  to  interfere  with  the  sale  of  any  goods  or 

3  commodities  aniong  citizens  not  in  the  army,  or  to  regu- 

4  late,  or  attempt  to   regulate,  the  price  of  provisions  or 

5  commodities  of  any  kind  ;  but  it  may   make  such  rules 


s 

G  and  I'egulatloiis  as  may  1)0  deemet]  neoessarv  for  the  go- 

7  vernniciit  of  the  soldiers,   and  may  regulate  or  prohibit 

8  intercourse  a,nd  trading  with  the  soldiers,  and  prescribe 

9  such  j)enallies  for  violating  the  same  as  may  be  deemed 
10  necessary,  subject  to  the  approval  of  the  President. 

1  Sec.  11.  This  act  shall  continue   in  force  during  the 

2  war,  unless  sooner  repealed. 


Hollinger  Corp. 
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